RUPALI PRALHAD SAPKALversusPRALHAD DASHRATH SAPKAL AND OTHERS

2026:BHC-AUG:43664


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                                                    (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      912 CRIMINAL REVISION APPLICATION NO. 174 OF 2025

                                 RUPALI PRALHAD SAPKAL
                                         VERSUS
                           PRALHAD DASHRATH SAPKAL AND OTHERS
                                                    …..
                 Mr P. A. Pisal, Advocate for Applicant
                 Mr V. P. Sawant, Advocate for Respondents
                                                  …..

                                            CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 24th SEPTEMBER, 2026

                 P. C. :


                 1.            The applicant is praying for quashing and setting aside the

                 judgment and order dated 11/12/2024, passed by the learned

                 Additional Sessions Judge, Majalgaon, Dist. Beed in Criminal Appeal

                 No.02/2021.


                 2.            The applicant is a wife of respondent No.1. She had

                 preferred application bearing Criminal Misc. Application No.102/2019

                 under Sections 18 to 22 of the Protection of Women from Domestic

                 Violence Act, 2005 (PWDVA) before the learned Judicial Magistrate

                 First Class (JMFC), Wadwani, Dist. Beed. Learned JMFC, vide order

                 dated 10/02/2020 partly allowed the said application and directed

                 respondent to pay Rs.10,000/- towards maintenance to the applicant
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including amount of Rs.2,000/- of house rent. In the said proceedings

respondents had not appeared despite service, therefore, the said order

came to be passed ex-parte against the respondent No.1/husband and

others.


3.           Respondents, therefore, preferred appeal before the

learned Additional Sessions Judge, Majalgaon, Dist. Beed which came

to be registered as Criminal Appeal No.02/2021. Learned Additional

Sessions Judge, vide the impugned order dated 11/12/2024 allowed the

appeal thereby remanding the matter for fresh trial, subject to payment

of costs of Rs.10,000/- to applicant/wife. The impugned judgment and

order dated 10/02/2020, passed by the learned JMFC in Criminal M.

A. No.102/2019 came to be set aside. Being aggrieved by the said

order, the applicant/wife has approached this Court by filing present

revision application.


4.           Mr Pisal, learned Advocate for the applicant submits that

respondents, despite service of notice, had not appeared before the

learned JMFC, Wadwani, and therefore, the order is passed by the

learned JMFC, which is correct and proper and was not required to be

disturbed by the learned Additional Sessions Judge. He, therefore,

prays for allowing present revision application.
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                                    (3)

5.             Per contra, Mr Sawant, learned Advocate for respondents

submits that the learned Additional Sessions Court, in order to afford

opportunity to the respondent/husband and others allowed their appeal

and the said order is correct and proper and is adhering to the

principles of natural justice and therefore, requires to be maintained.

He, therefore, prays for dismissal of the instant criminal revision

application.


6.             After hearing the learned Advocates for respective parties,

I have perused the order passed by the learned JMFC as well as

learned Additional Sessions Judge. In paragraph Nos.14 and 15 of the

impugned order, the learned Additional Sessions Court observed that

the opponents must be granted opportunity to file their reply and

participate in the proceedings. On this ground, the learned Sessions

Judge set aside the order dated 10/02/2020, passed by the learned

JMFC and remanded the matter for a fresh trial. Since the order

passed by the learned Additional Sessions Judge is correct and proper,

it requires no interference by this Court. In that view of the matter,

this criminal revision application deserves to be dismissed and the

same stands dismissed accordingly. The matter is remanded back to

the learned Trial Court for fresh hearing.       Learned Trial Court is

directed to decide the said matter within a period of six months.
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7.          At this stage, learned Advocate for the applicant submits

that the respondents have not paid the amount of cost of Rs.10,000/- to

the applicant/wife as per order of the learned Additional Sessions

Judge. Learned Advocate for the respondents undertakes to pay the

amount of Rs.10,000/- towards costs to the applicant/wife within a

period of one week.



                                    [SUSHIL M. GHODESWAR, J.]
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